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PC, Anthony Froland Page 3 <br /> January 24, 1995 <br /> 0 <br /> this stream, which is one-hundred (100) feet, but must receive approval of a <br /> conditional use permit to build within the floodway district. According to city <br /> code (Sect. 902.02), floodway is defined as "the bed of a wetland or lake and <br /> the channel of a watercourse and those portions of the adjoining floodplain <br /> which are reasonably required to carry or store the regional flood discharge. <br /> All existing accessory structures on Mr. Froland's property are also located <br /> within the floodway district, but have a legal non-conforming status. These <br /> structures were located within the floodway district prior to the <br /> establishment of this requirement upon that area. Alterations, <br /> modifications, and/or additions to these structures are not allowed without <br /> the aid of a conditional use permit. The accessory structure is being proposed <br /> as an addition to an existing accessory structure, which is already located <br /> within the floodway district, and would be located within the floodway <br /> district regardless of which side of the building it could be located. It is not <br /> possible to locate the proposed addition onto the existing accessory structure <br /> without being located within the floodway district. <br /> APPLICANT'S REASON'S FOR VARIANCE <br /> illWhen reviewing an application for a variance request, staff reviews the five <br /> (5) standards outlined in the city code that apply to a variance. Mr. Froland <br /> has not indicated how his request meets the five (5) standards of the variance <br /> requirements. Instead, Mr. Froland has mentioned in conversation that he <br /> currently owns approximately forty (40) acres and the proposed addition <br /> would not be unusually large or create an unsightly structure on his lot. <br /> Because of the large size of the property and the agricultural use of the site, <br /> Mr. Froland feels that the proposed accessory structure addition would be <br /> similar to other farmsteads in the city. <br /> ANALYSIS <br /> The Department of Natural Resources (D.N.R.) has been contacted in regard <br /> to this item and made comments related to the conditional use permit. The <br /> D.N.R. has mentioned that if the accessory structure remains a "pole type" <br /> building and the exterior siding allows the free flow of water below the one- <br /> hundred (100) year flood level, it may not cause an increase in the one- <br /> hundred (100) year flood stage. The D.N.R. also mentioned that a condition <br /> should be attached with the conditional use permit that would restrict any <br /> future modification of the accessory structure. The D.N.R. is not opposed to <br /> the conditional use permit request as long as these guidelines are followed. <br /> • <br /> pc-froland.troy <br />